The ACCC is aware of reports in the media that some of Vodafone’s mobile customers have been experiencing problems, including call failures and slow data speeds.
"However contrary to some media reports the ACCC does not advise consumers that they are entitled to walk away from their contracts as a means of addressing their concerns," ACCC chairman Graeme Samuel said today.
Consumers experiencing difficulties with their services should first contact their service provider to try and resolve the issue. If that doesn’t work, they should contact the Telecommunications Industry Ombudsman on 1800 062 058. Consumers can also contact the ACCC 1300 302 502 and state and territory Offices of Fair Trading and Consumer Affairs for further information in relation to their consumer rights.
The ACCC expects that service providers should be keeping their customers fully informed of any problems that they may be experiencing with their networks.
Consumers' statutory rights
The Trade Practices Act 1974 protects consumers when they buy goods and services – it provides that there are legal rights and obligations in every contract between a buyer and a seller. These are statutory rights and automatically form part of every contract between the buyer and the seller. It is important to distinguish the rights and remedies that apply to goods as opposed to services, as these can be different.
All contracts for services contain a number of statutory warranties, including the requirement that any service must be carried with due care and skill; and that the service should be reasonably fit for any particular purpose the consumer made known to the seller.
Services that do not meet a statutory warranty breach the contract between consumer and seller. The consumer is entitled to a remedy, which can include things like: having the services supplied again, the payment of the costs of having the services supplied again and compensation for any loss they suffer.